President Leghari's Order of November 5, 1996

Whereas during the last three years thousands of persons in Karachi
and other parts of Pakistan have been deprived of their right to life
in violation of Article 9 of
the Constitution.

They have been killed in police encounters and police custody. In the
speech to Parliament on 29th October 1995 the President had warned
that the law-enforcement agencies must ensure that there was no
harassment of innocent citizens in the fight against terrorism and
that human and legal rights of all persons were duly protected. This
advice was not heeded. The killings continued unabated. The
Government's fundamental duty to maintain law and order has to be
performed by proceeding in accordance with law. The coalition of
political parties which comprise the Government of the Federation are
also in power in Sindh, Punjab and NWFP but no meaningful steps have
been taken either by the Government of the Federation or, at the
instance of the Government of the Federation, by the Provincial
Governments to put an end to the crime of extra-judicial killings
which is an evil abhorrent to our Islamic faith and all canons of
civilised government.

Instead of ensuring proper investigation of these extra-judicial
killings, and punishment for those guilty of such crimes, the
Government has taken pride that, in this manner, the law and order
situation has been controlled. These killings coupled with the fact of
widespread interference by the members of the Government, including
members of the ruling parties in the National Assembly, in the
appointment, transfer and posting of officers and staff of the
law-enforcement agencies, both at the Federal and Provincial levels,
has destroyed the faith of the public in the integrity and
impartiality of the law-enforcement agencies and in their ability to
protect the lives, liberties and properties of the average
citizen.

And Whereas on Sept 20, 1996, Mir Murtaza Bhutto, the brother of the
Prime Minister, was killed at Karachi along with seven of his
companions including the brother-in- law of a former Prime Minister,
ostensibly in an encounter with the Karachi Police. The Prime Minister
and her Government claimed that Mir Murtaza Bhutto has been murdered
as a part of a conspiracy. Within days of Mir Murtaza Bhutto's death
the Prime Minister appeared on television insinuating that the
Presidency and other agencies of State were involved in this
conspiracy. These malicious insinuations, which were repeated on
different occasions, were made without any factual basis whatsoever.

Although the Prime Minister subsequently denied that the Presidency or
the Armed Forces were involved, the institution of the Presidency,
which represents the unity of the Republic, was undermined and damage
caused to the reputation of the agencies entrusted with the sacred
duty of defending Pakistan. In the events that have followed, the
widow of Mir Murtaza Bhutto and the friends and supporters of the
deceased have accused Ministers of the Government, including the
spouse of the Prime Minister, the Chief Minister Sindh, the Director
of the Intelligence Bureau and other high officials of involvement in
the conspiracy which, the Prime Minister herself alleges led to Mir
Murtaza Bhutto's murder.

A situation has thus arisen in which justice, which is a fundamental
requirement of our Islamic Society, cannot be ensured because powerful
members of the Federal and Provincial Government who are themselves
accused of the crime, influence and control the law enforcing agencies
entrusted with the duty of investigating the offences and bringing to
book the conspirators. And Whereas on 20th March 1996 the Supreme
Court of Pakistan delivered its judgement in the case popularly known
as the Appointment of Judges case. The Prime Minister ridiculed this
judgement in a speech before the National Assembly which was shown
more than once on nation-wide television.

The implementation of the judgment was resisted and deliberately
delayed in violation of the Constitutional mandate that all executive
and judicial authorities throughout Pakistan shall act in aid of the
Supreme Court. The directions of the Supreme Court with regard to
regularisation and removal of judges of the High Courts were finally
implemented on Sept 30, 1996, with a deliberate delay of six months
and ten days and only after the President informed the Prime Minister
that if advice was not submitted in accordance with the Judgement by
end September 1996 then the President would himself proceed further in
this matter to fulfil the constitutional requirement. The Government
has, in this manner, not only violated Article 190 of
the Constitution but also sought to undermine the independence of the
judiciary guaranteed by Article 2A of the
Constitution read with the Objectives Resolution.

And Whereas the sustained assault on the judicial organ of State has
continued under the garb of a Bill moved in Parliament for prevention
of corrupt practices. This Bill was approved by the Cabinet and
introduced in the National Assembly without informing the President as
required under Article 46(c)
of the Constitution. The Bill proposes inter alia that on a motion
moved by 15 percent of the total membership of the National Assembly,
that is any 32 members, a judge of the Supreme Court or High Court can
be sent on forced leave. Thereafter, if on reference made by the
proposed special committee, the Special Prosecutor appointed by such
Committee, forms the opinion that the judge is prima facie guilty of
criminal misconduct, the special committee is to refer this opinion to
the National Assembly which can, by passing a vote of no confidence,
remove the judge from office. The decision of the Cabinet is evidently
an attempt to destroy the independence of the judiciary guaranteed by
Article 2A of
the Constitution and the Objectives Resolution. Further, as the
Government does not have a two-thirds majority in Parliament and as
the opposition parties have openly and vehemently opposed the Bill
approved by the Cabinet, the Government's persistence with the Bill is
designed not only to embarrass and humiliate the superior judiciary
but also to frustrate and set at naught all efforts made, including
the initiative taken by the President, to combat corruption and to
commence the accountability process.

And Whereas the judiciary has still not been fully separated from the
executive in violation of the provisions of Article 175(3)
of the Constitution and the dead-line for such separation fixed by the
Supreme Court of Pakistan. And Whereas the Prime Minister and her
Government have deliberately violated, on a massive scale the
fundamental right of privacy guaranteed by Article 14 of
the Constitution. This has been done through illegal phone- tapping
and eaves-dropping techniques. The phones which have been tapped and
the conversations that have been monitored in this unconstitutional
manner includes the phones and conversations of judges of the superior
courts, leaders of political parties and high-ranking military and
civil officers.

And Whereas corruption, nepotism and violation of rules in the
administration of the affairs of the Government and its various
bodies, authorities and corporations has become so extensive and
wide-spread that the orderly functioning of Government in accordance
of the provisions of the Constitution and the law has become
impossible and in some cases, national security has been
endangered. Public faith in the integrity and honesty of the
Government has disappeared. Members of the Government and the ruling
parties are either directly or indirectly involved in such corruption,
nepotism and rule violations. Innumerable appointments have been made
at the instance of members of the National Assembly in violation of
the law declared by the Supreme Court that allocation of quotas to
MNAs and MPAs for recruitment to various posts was offensive to the
Constitution and the law and that all appointments were to be made on
merit, honestly and objectively and in the public interest.

The transfers and postings of Government servants have similarly been
made, in equally large numbers, at the behest of members of the
National Assembly and other members of the ruling parties. The members
have violated their oaths of office and the Government has not for
three years taken any effective steps to ensure that the legislators
do not interfere in the orderly executive functioning of And Whereas
the Constitutional requirement that the Cabinet together with the
Ministers of State shall be collectively responsible to the National
Assembly has been violated by the induction of a Minister against whom
criminal cases are pending which the Interior Minister has refused to
withdraw. In fact, at an earlier stage, the Interior Minister had
announced his intention to resign if the former was inducted into the
Cabinet. A Cabinet in which one Minister is responsible for the
prosecution of a Cabinet colleague cannot be collectively responsible
in any manner whatsoever.

And Whereas in the matter of the sale of Burmah Castrol shares in PPL
and BONE/PPL shares in Qadirpur Gas Field involving national assets
valued in several billions of rupees, the President required the Prime
Minister to place the matter before the Cabinet for
consideration/re-consideration of the decisions taken in this matter
by the ECC. This has still not been done, despite lapse of over four
months, in violation of the provisions of Articles 46 and
48 of the Constitution.

And Whereas for the fore-going reasons, taken individually and
collectively, I am satisfied that a situation has arisen in which the
Government of the Federation cannot be carried on in accordance with
the provisions of the Constitution and an appeal to the electorate is
necessary.

Now Therefore, in exercise of my powers under Article
58(2)(b) of the Constitution I Farooq Ahmad Khan Leghari,
President of the Islamic Republic of Pakistan to hereby dissolve the
National Assembly with immediate effect and the Prime Minister and her
Cabinet shall cease to hold office forthwith. Further, in exercise of
my powers under Article 48(5)
of the Constitution I hereby appoint 3rd February 1997 as the date on
which general elections shall be held to the National Assembly.